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A BILL TO BE ENTITLED
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AN ACT
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relating to a health facility's removal of medical equipment from a |
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deceased individual's body before transfer to a funeral director; |
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authorizing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Health and Safety Code, is amended by |
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adding Subtitle H to read as follows: |
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SUBTITLE H. POWERS AND DUTIES OF HEALTH FACILITIES |
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CHAPTER 331. GENERAL DUTIES OF HEALTH FACILITIES |
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Sec. 331.001. REMOVAL OF MEDICAL EQUIPMENT FROM DECEASED |
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INDIVIDUAL; ADMINISTRATIVE PENALTY. (a) In this section: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Funeral director" has the meaning assigned by |
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Section 651.001, Occupations Code. |
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(3) "Health facility" means a facility licensed under |
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Subtitle B. |
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(4) "Medical equipment" means an instrument, |
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apparatus, implement, machine, contrivance, or other article, |
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other than an implant, that is used in the treatment, monitoring, or |
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diagnosis of a patient, including: |
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(A) catheters; |
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(B) cannulae; |
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(C) defibrillator pads; |
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(D) drains; |
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(E) endotracheal tubes; |
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(F) feeding tubes; and |
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(G) intravascular lines. |
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(b) If an individual dies in a health facility, the facility |
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shall remove all medical equipment from the deceased individual's |
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body before the body is transferred to a funeral director in |
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accordance with Section 651.401, Occupations Code. |
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(c) The commission shall impose an administrative penalty |
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against a health facility that violates this section. The penalty |
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may not exceed $500 for each violation. |
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SECTION 2. Section 331.001, Health and Safety Code, as |
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added by this Act, applies only to the body of an individual who |
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dies on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |